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D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

The D.C. Circuit Remands FERC Order Denying Refunds for Changes to Cost Allocation

On December 5, 2014, the United States Court of Appeals for the D.C. Circuit remanded an order of the Federal Energy Regulatory Commission (FERC) denying refunds to certain Louisiana-based utility companies for rates that...more

12/19/2014  /  Appeals , FERC , Private Utility , Refunds , Remand

5th Circuit Denies Louisiana Public Service Commission’s Petition for Review of FERC’s Entergy Bandwidth Implementation Orders

On November 14, 2014, the U.S. Court of Appeals for the 5th Circuit denied the Louisiana Public Service Commission’s (LPSC) petition for review of various Federal Energy Regulatory Commission (FERC) orders on the...more

D.C. Circuit Grants Motion to Stay Issuance in Order No. 745 Cases

As we previously reported, on May 23, 2014, the D.C. Circuit vacated FERC’s Demand Response Order No. 745, holding that the order (1) exceeded FERC’s jurisdiction, and (2) was arbitrary and capricious, particularly in its...more

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

Déjà Vu, All Over Again: Seventh Circuit Again Remands PJM’s Cost Allocation Methodology for New, High-Voltage Transmission...

On June 25, 2014, the U.S. Court of Appeals for the Seventh Circuit, with Judge Richard A. Posner writing for himself and Judge John Daniel Tinder, granted petitions for review of Federal Energy Regulatory Commission (FERC)...more

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